Research Handbook on Climate Change Litigation (Research Handbooks in Climate Law series)

This Research Handbook provides a comprehensive depiction of the various stages, opportunities and challenges of climate change litigation at national and international levels from an innovative practice-oriented perspective. Bringing together expert authors from a range of legal backgrounds, the Research Handbook features contributions not only from experienced academics researching in the field, but also from strategic planning specialists and legal coordinators for organizations involved in climate-related litigation. It follows the entire journey of climate-related disputes, from an examination of the approaches and decisions made before initiating legal proceedings, through the various procedural and legal hurdles and challenges during proceedings, to an exploration of the post-litigation challenges that may arise. The climate litigation process is also analyzed in the context of different international forums, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the World Heritage Convention, among others. The Research Handbook on Climate Change Litigation is a vital resource for scholars and students in arbitration and dispute resolution, climate change law and environmental law. Practitioners such as judges, lawyers, legal advisers for NGOs and public servants in administration will also find this book beneficial. Front Matter Copyright Contents Contributors Foreword 1. Climate change litigation: one definition to rule them all...? PART I Climate change litigation journey in national law 2. The crucial role of strategic climate litigation 3. Breaking the mould in the strategic design and implementation of climate litigation 4. Climate litigation: access to judicial review in national courts 5. Systemic climate change litigation 6. Actions and grounds of project-focused climate change litigation 7. Breaking new ground in private climate litigation 8. Climate activism and criminal litigation: whose case is it anyway? 9. Climate science and litigation 10. Climate change litigation and the separation of powers: effective legal protection as the ultimate yardstick? 11. The transnational exchange of law through climate change litigation 12. Remedies and remedial dynamics in climate change litigation: opportunities and challenges 13. The effectiveness of climate change litigation PART II Climate change litigation journey in international law 14. Climate change and the International Court of Justice 15. Potential climate change litigation in the law of the sea 16. Climate litigation, international human rights and the right to a healthy environment: connecting the dots 17. Climate litigation and international trade law 18. Climate change and investor-State disputes: protecting stranded assets or promoting green investments? 19. The European Union and climate change litigation: promising much but delivering little? 20. Climate change litigation before the World Heritage Committee: subject to negotiation? 21. The United Nations Security Council as a climate litigation body 22. Climate change and international criminal law Index